Sam Keller Sues Electronic Arts, Husker Fans Countersue
Former Husker Sam Keller is suing Electronic Arts, the maker of the video game ‘NCAA 2008', and the NCAA, for using his likeness without consent. Keller's lawsuit points out some striking similarities between the player alleged to be him, and the real him.
The lawsuit points out, for example:
Virtual player number 5 has the same height, weight, skin tone, home state, handedness and facial features of Sam Keller. Virtual number 5 is also the starting quarterback for the University of Nebraska.......
There's no comment in the lawsuit about the fact that the alleged video game likeness of Keller can't throw the ball any further than ten yards downfield, consistently freaks out and hits the check down receiver and because of his high injury stat, can never play a full season. What's even more eerie about NCAA Football 2008 is that Sam Keller's alleged video likeness throws a plastic cup instead of a football.
About Keller's career, the lawsuit contains this tidbit:
As a junior in 2005, Keller played well in his first four games of the season. He had 461 yards against LSU, followed up by 409 yards against Northwestern. He continued with 300-yard performances against USC and Oregon State. In just four games, he passed for 1,582 yards.
Unfortunately, he suffered an injury that limited him to only three more starts. Nonetheless, he finished the season with 2,165 yards and 20 touchdowns in just over six full games. To put this in perspective, over his six and one-half games, he averaged over 3 touchdowns per game. This average would be higher than the averages of all quarterbacks playing a full season that year - this includes Matt Leinart, Michael Vick, Brady Quinn, Vince Young, Jay Cutler and Colt Brennan. If he wasn't injured and his performance stayed at this level, he would have likely entered the NFL draft as a highly touted quarterback with almost 40 touchdowns and close to 4000 yards.
No idea what that has to do with the outcome of a lawsuit, but it's a matter of court record (or something like that) that Sam Keller could have kicked the asses of all those quarterbacks if he had only played well throughout his career.
We wish Keller luck on winning his lawsuit against the conspirators of industry who would rob college athletes of their likeness.
In another related story, several Husker fans who own Electronic Arts college football games are alleged to be considering their own class-action lawsuit.
They are seeking to have a new release issued that will "remove or randomize" Keller's likeness on conditions that he fraudulently represented himself as a real Nebraska quarterback and they have no desire to be reminded of him again.
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9 comments
Comments
Holy crap, this is real?
I thought this was a total joke. But he’s REALLY suing EA over this?
by Wolvie on May 7, 2009 3:54 PM CDT reply actions 0 recs
WoW
Keller should have his a$$ kicked for being a complete tool!!!! This is the equivilent of women going home with an athlete from a club and giving it up and then claiming they’ve been raped so they can collect a settlement. Sam Keller is an attention whore who couldn’t hold the jock of those quarterbacks he named in his gay lawsuit.
Raider Hater!!
by Philthy_1 on May 7, 2009 5:30 PM CDT reply actions 0 recs
Quote on the lawsuit-
I’ve seen many lawsuits brought about by student athletes in my day and this is probably the best case I have ever seen constructed.
http://www.cnbc.com/id/30605723
So forget that Sam was well, forgettable as a QB at Nebraska, and that he transferred to play under BC.
Should the NCAA be able to make millions of dollars on student-athlete likenesses, while making books of rules that prohibit said student athlete from make a dime, (or get a ham sandwich)?
You can't possibly be a scientist if you mind people thinking that you're a fool.
~Wanko the Sane
by JLew on May 8, 2009 2:56 PM CDT reply actions 0 recs
Agreed
my problem is that it’s hard to forget Sam Keller, who failed to live to expectations.
In this case, you’d think that Keller has a good case – I don’t know, I’m not a lawyer. There are a number of lawyer-writers here on SB Nation, and I keep thinking that one of them will do something lengthy about this case. Maybe not.
Go Big Red Nebraska!
Our Cobs Are Bigger Than Yours!
Corn Nation!
Twitter!
cornnation@gmail.com
by Jon Johnston on May 9, 2009 7:52 AM CDT up reply actions 0 recs
I am
with you JLew the NCAA (NC double !@#holes) or the schools shouldn’t be able to exploit the college athletes in any sport. It would be like who ever you are working for launches a national ad campaign with you in it, and you not being able to get any compensation for using your name and picture. Keller’s year at Nebraska might not have been great but when your right, your right.
by Huzkerfan on May 9, 2009 2:57 PM CDT up reply actions 0 recs
They are being compensated
Well…at least 85 of them per school, are getting compensated. Whether you think ~40k (or however much a full ride totals up to these days) is enough compensation is the argument.
by Wolvie on May 9, 2009 8:19 PM CDT up reply actions 0 recs
For as
much as they bring the university the compensation isn’t right. I don’t know the answer it is a slippery slope when you start physically paying players. But my real problem is with the NCAA I don’t like the organization and never will. It has no real check or balance to its power, they make a decision and you have to live with or be punished. Have you ever seen the recruiting rule book? It is thicker than most college textbooks.
by Huzkerfan on May 10, 2009 8:41 AM CDT up reply actions 0 recs
Add to that the Universities
they make a lot of coin as well.
You can't possibly be a scientist if you mind people thinking that you're a fool.
~Wanko the Sane
by JLew on May 8, 2009 4:18 PM CDT reply actions 0 recs
that's a different argument
and given all that’s going into football…. the universities need the money they make, otherwise there ain’t going to be no college football.
Go Big Red Nebraska!
Our Cobs Are Bigger Than Yours!
Corn Nation!
Twitter!
cornnation@gmail.com
by Jon Johnston on May 9, 2009 7:45 AM CDT up reply actions 0 recs

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